Pregnancy Discrimination

[greataces]

My question involves labor and employment law for the state of: CA

A few days after I changed jobs as a salaried employee, I found out that I am pregnant. I told my employer about it. Next day, I found out that they have posted a job with the same job description as my job. I wasn't informed of anything at this point.

A few days later, my manager and the HR person told me that they are concerned about my baby's health because I am getting stressed out. Consequently, they would like me to reduce my hours and convert to hourly basis. I clearly stated (and I have written proof) that my doctor has placed no work restrictions on me and I would like to continue working my current schedule (9 hours a day) without changing to hourly basis but I would be hard-pressed to work a longer schedule.

A couple of weeks later my manager asked me my hours for payroll. I was surprised. I said I thought I had indicated that I did not want to change to hourly basis. She replied "that is not an option".

My question is - is this legal? Can they change me from salaried to hourly without my consent (in fact against my wishes) just because I am pregnant? Looks to me that they will next try to reduce my hours and force me out.

Thanks in advance for the help!

[PattyPA]

They can change your hours or your status (hourly vs. salaried)without your consent, but not solely because you are pregnant. Have you spoken with HR? IS there an HR person? And they cannot change your pay RATE without prior notification.

This seems awfully early in your pregnancy for them to be deciding YOUR medical condition as it relates to your work. Does the job often require over 9 hours per day? Have you missed any work related to your pregnancy other than regular pre-natal visits so far?

[greataces]

Thanks for the quick reply!!

I did get the same response from HR - that its not on option. I have not missed any work due to my pregnancy other than regular doctor visits (twice so far). The job is in the accounting field and they say that it sometimes requires more than 40 hours a week but this was not clarified when I took on the job.

So far, they are changing my status solely based on my pregnancy AFTER I have stated that I have no work restrictions.

[PattyPA]

If there are at least 15 employees, you can file a complaint with the EEOC.

If there are at least 50 employees at your work site or within a 75-mile radius, the employer is subject to the FMLA.

How long have you been employed there?
In the last 12 months, have you worked at least 1,250 hours?

[greataces]

I just started - it has been about 2 months. I was working prior to that for the last 3 years (full time)
Thanks

[PattyPA]

OK, then FMLA is not an option for job protection (with reduced hours).

If you are medically able to perform all the required duties of your job without restriction, then you may have a valid pregnancy discrimination complaint with the EEOC IF the employer has at least 15 employees.

If you DO have medical restrictions, then you must be treated the same as any other similarly situated nonpregnant employee who would be granted the same accommodation.

[greataces]

Thanks Patty. Sorry - yes there are more than 15 employees at this workplace

[PattyPA]

Actually, you could also file a complaint with the Dept. of Fair Employment and Housing in California as welll.

[greataces]

Thanks. Today they terminated my employment saying I was "argumentative". All I objected to was changing my status without informing me before hand.

[PattyPA]

Idiots.

File for unemployment. And see an employment attorney as well. Not saying you definitely have a slam-dunk case, but the timing is certainly fishy.